Kumar Mandal vs State Of Uttarakhand And
2021 Latest Caselaw 69 UK

CLCON No.142 of 2017
Hon'ble Sharad Kumar Sharma, J.

Mr. S.K. Mandal, Advocate for the petitioner.

Mr. Anil Kumar Dabral, Additional Chief Standing Counsel for the State of Uttarakhand.

This contempt petition was filed by the petitioner seeking an enforcement of the direction which was issued by this Court on 05.04.2017, as was rendered in Writ Petition No.1855 of 2016 (S/S) Ramesh Kumar Mandal vs. State of Uttarakhand and others; by virtue of which the petitioner was directed to be reinstated into the service as an Assistant Teacher Primary School. When despite of service of order, the judgment dated 05.04.2017 was not complied and the petitioner was not reinstated. He filed a contempt petition on 29.05.2017, on which the notice was issued by this Court to the respondent and respondent has filed the compliance affidavit on 13.11.2017, bringing the fact on record that the petitioner had been reinstated into the service on 07.07.2017 and as a consequence thereto, he has joined the service on 08.07.2017.

Later on, the fact, which still remained in controversy was pertaining to the payment of salary for the period from the date of termination of service of the petitioner i.e. 24.08.2016 till the petitioner's joining on reinstatement on 08.07.2017.

Later on, there was yet another compliance affidavit, which was filed by the respondent, wherein it has contended that on 16.10.2017; they have already remitted the amount of salary payable for the aforesaid period as referred above.

In view of the aforesaid statement and compliance affidavit brought on record, the judgment and order dated 05.04.2012, has been complied with. Consequently, the contempt petition is closed.

Notice issued to the respondent is hereby discharged.

(Sharad Kumar Sharma, J.) 07.01.2021 Arti